Common use of Subsequent Placements Clause in Contracts

Subsequent Placements. (a) From the date hereof until the Effective Date (the "BLOCKOUT PERIOD"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENT"). The restrictions contained in this Section 4.5 shall not apply to Excluded Stock.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Lynx Therapeutics Inc), Securities Purchase Agreement (Lynx Therapeutics Inc)

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Subsequent Placements. (a) From the date hereof until the Effective Date (the "BLOCKOUT PERIOD")Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents Equivalents, but not including any Excluded Stock, (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENT"“Subsequent Placement”). The restrictions contained in , except as permitted by this Section 4.5 shall not apply to Excluded Stock4.5.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Mamma Com Inc), Securities Purchase Agreement (Mamma Com Inc)

Subsequent Placements. (a) From Subject to Section 4.5(b), from the date hereof until the Effective Date (the "BLOCKOUT PERIOD"“Rights Period”), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENT"“Subsequent Placement”). The restrictions contained in unless the Company shall have first complied with this Section 4.5 shall not apply to Excluded Stock4.5(a).

Appears in 1 contract

Samples: Securities Purchase Agreement (Neorx Corp)

Subsequent Placements. (a) From Except with respect to the Excluded Stock, from the date hereof until the Effective Date (the "BLOCKOUT PERIOD")Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENT"“Subsequent Placement”). The restrictions contained in this Section 4.5 shall not apply to Excluded Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bio Key International Inc)

Subsequent Placements. (a) From the date hereof until 30 Trading Days following the Effective Date (the "BLOCKOUT PERIODBlockout Period"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENTSubsequent Placement"). The restrictions contained in ; provided that this Section 4.5 paragraph shall not apply restrict the Company from, directly or indirectly, offering, selling, granting any option to purchase, or otherwise disposing of (or announcing any offer, sale, grant or any option to purchase or other disposition of) any of its Excluded Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cosi Inc)

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Subsequent Placements. (a) From the date hereof until the Effective Date (the "BLOCKOUT PERIOD"), the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENT"). The restrictions contained in this Section 4.5 shall not apply to Excluded Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stratasys Inc)

Subsequent Placements. (a) From the date hereof until the Effective Date (the "BLOCKOUT PERIOD")Date, the Company will not, directly or indirectly, offer, sell, grant any option to purchase, or otherwise dispose of (or announce any offer, sale, grant or any option to purchase or other disposition of) any of its or the Significant Subsidiaries' equity or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents Equivalents, but not including any Excluded Stock, (any such offer, sale, grant, disposition or announcement being referred to as a "SUBSEQUENT PLACEMENTSubsequent Placement"). The restrictions contained in , except as permitted by this Section 4.5 shall not apply to Excluded Stock4.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mamma Com Inc)

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